CRS-80 



deepening irrigation ditches. 91/ The press release became the center 

 of its own controversy, and many persons criticized it as misleading. 92/ 

 The Corps noted later that many of the public comments that it received 

 "appeared to be responses to the widespread news coverage of the proposed 

 regulation." 93/ Yet the possibility of vastly expanded regulation alarmed 

 the public and legislators and led to the introduction of numerous bills 

 during the 94th Congress to reduce the scope of the Corps' jurisdiction. 

 Even before final rules were issued, Congressional hearings were held to 

 assess the possible scope and impact of an expanded Corps of Engineers regu- 

 latory program. 94 / 



The Corps issued revised regulations on July 25, 1975. 95/ Here, for- 

 the first time, the Corps attempted to define wetlands that, together with 

 "navigable waters," would be subject to Section 404 regulations. Coastal 

 wetlands were defined as "marshes and shallows and... those areas periodically 

 inundated by saline or brackish waters and that are normally characterized by 



91 / The May 6, 1975, press release appears in U.S. Congress. Senate. Com- 

 mittee on Public Works. Section 404 of the Federal Water Pollution Control Act 

 Amendments of 1972. Hearings. 94th Cong., 2nd Sess., July 27 and 28, 1976. 

 Washington, U.S. Govt. Print. Off., 1976. p. 517-20. 



92 / Ehrlich, Mitchell G. Jurisdictional Expansion of the Army Corps of 

 Engineers under the Federal Water Pollution Control Act Amendments of 1972. 

 Houston Law Review, v. 13, October 1975. p. 145. 



93/ U.S. Department of Defense. Corps of Engineers. Permits for Activ- 

 ities in Navigable Waters or Ocean Waters. Federal Register, v. 40, no. 144, 

 pt. iv, July 25, 1975, p. 31320. 



94 / U.S. Congress. House. Committee on Public Works and Transportation. 

 Subcommittee on Water Resources. Development of new regulations by the Corps 

 of Engineers, implementing Section 404 of the Federal Water Pollution Contol 

 Act concerning permits for disposal of dredge or fill material. Hearings, 94th 

 Cong., 1st sess. July 15, 16, 22, 1975. Washington, U.S. Govt. Print. Off., 

 1975. p. 292. (Serial no. 94-18) 



95/ U.S. Department of Defense, Permits for Activities in Navigable 

 Waters, Federal Register, p. 31320. 



